Jurica's perspective on the Executive M.B.L.-HSG "International Taxation" Module in New York

Jun 18 2019
Report by Jurica Miketa


The Excutive M.B.L.-HG module took place from 27 May to 01 June 2019 at the New York University in New York City. The participants met a few days earlier on the Rooftop on Fifth Avenue, with a night view of the Empire State Building, which got us excited for the forthcoming module.

The program started on Monday with the "Welcome Session" under the patronage of Prof. Dr. David H. Rosenbloom from New York University and Prof. Dr. Alexander Rust from Vienna University of Economics and Business. Prof. Rosenbloom opened the program with the "Introduction and goals of a Global Tax Policy". He was followed in the morning by Prof. Dr. Ruth Mason from the University of Virgina with an introduction to the structures of US tax law. After a small lunch and refreshments, Prof. Dr. Rust and Prof. Dr. Mason gave a joint lecture on "Comparative Fiscal Federalism" from the perspective of the EU and the USA. Before the first day of the module came to an end and the participants opened the first rounds of questions, Prof. Dr. Roesenbloom followed with an introduction to "U.S. International Taxation". Prof. Dr. Rust wraped up the first day. In the morning of the second day, Prof. Dr. Rosenbloom spoke about the topic "U.S. Inbound„ and Mr. John Steines on the subject of „U.S. Outbound." Both of them examined the tax departures and arrivals in and out the USA, from all perspectives and thus provided a complete overview of the complex matter and all its differences. In the afternoon, Prof. Dr. Rust presented the model of the OECD Convention in two large parts and concluded the second day with a wrap-up. The participants then met and discussed their preparations for the joint presentation at the end of the week. The middle of the week began with Prof. Dr. Rosenbloom's lecture on the „U.S. Treaty Policy“. Prof. Dr. Rosenbloom focused on the „Principles of the Policy“ and the „Source of Income“ as well as on the „Scope of the Policy“. He stressed the importance of the "Elimination of Double Taxation" and presented the complexity on the basis of numerous practical examples. In the second part of the morning he introduced the participants to "US Intercompany Pricing". Afterwards, the morning closed with a joint discussion and active question and answer session on "Current Developments in International Taxation" with Mr. Peter Altenburger, Prof. Rosenbloom, Prof. Dr. Georg Kofler and Prof. Dr. Rust as well as Mr. Luzi Cavelti. The afternoon was dedicated to the "Fairness of the Tax System and VAT" in a joint lecture by Prof. Dr. Altenberger and Mr. Calveti. Prof. Dr. Kofler followed with his presentation and great presentation of the "EU Directives". After the Q&A of the day and the wrap up, everyone met for dinner for lecturers and candidates offered by Dr. Peter Altenburger at the great restaurant "The Library at the Public Theatre" in Lafayette Street and ended the evening with a cosy get-together and delicious food. Thursday began with the "Introduction to EU Fundamental Freedoms" and the "Inbound restrictions within the EU" by Prof. Dr. Kofler. In the afternoon, Prof. Dr. Rust continued his presentation on the first part of "Outbound restrictions within the EU". After the joint Q&A, the groups streamlined again and continued their presentations. In the evening we visited the baseball game New York Yankees against the Boston Res Sox in the Yankee Stadium. To our great disappointment, the game was cancelled shortly before the start due to a strong storm. So instead, our day ended with a jazz session and some other participants visited musicals and museums. On Friday, Prof. Dr. Rust continued the second part of the presentation on "Outbound restrictions within the EU". He finished the morning together with Prof. Dr. Mason with the introduction to "Tax Planning in EU and US". The afternoon was available to the participants for the final presentation preparation on Saturday and was intensively used to study the numerous case law. The participants ended the evening at Pier 17 with a get-together and dinner with a view of the skyline. Saturday, as the last day of the intensive week and complex matter, was marked by the jointly prepared presentations and their case law. Each group successfully presented their cases and presentations. Afterwards there was a joint discussion and analysis of the cases from the point of view of the EU and the US. In the afternoon, many participants said goodbye and headed to the airport, some of them to Europe and others to Asia. The others took the opportunity to enjoy New York City for few more days and let Frank Sinatra's song "My Way" carry them through the streets and diversity of New York City.

All in all, it was once again a great module that managed to give the participants a very good overview of a complex subject. The lecturers gave a good overview of theory and practice and presented the problems realistically. Numerous current global tax law issues were discussed. These included the effects of tax avoidance practices from the Panama Papers revelations, as well as the new OECD rule and its global impact.